Legal Question in Immigration Law in Connecticut

H4 to H1 Conversion Procedure

My wife is having H4 now she got H1b approved. Does she need to visit her home country(India) to stamp the approved H1B or she can visit Maxico/Canada to stamp the H1B Visa?


Asked on 2/02/04, 1:54 pm

2 Answers from Attorneys

Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: H4 to H1 Conversion Procedure

Your wife should be able to complete consular processing in either Canada or Mexico, subject to discretion of the Consulate. However, she must be able to enter those coutries and I do not know if Canada requires Indian citizen to have a Canadian entry visa.

Pls note that your country has a relatively high rejection rate and chances are that the application will be scrutinized closely.

I had very good results with Third Country National processing at both Canadian and Mexican Consulates. Pls let me know if I can be of assistance by establishing a consulting relationship, which could probably be fairly inexpensive for you compared to a flight back to India.

Regards,

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Answered on 2/03/04, 9:51 am
Neena Bohra Law Offices of Neena Bohra

Re: H4 to H1 Conversion Procedure

She cannot use third country processing to obtain an H-1B visa as she is changing her legal status. She must return to her home country.

Feel free to view my website at www.neenalaw.com and if you need more information, you may call to set up an appointment.

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Answered on 2/02/04, 4:04 pm


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